Court : Supreme Court of India
..... the respondent initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the d.v. ..... 12, the magistrate may, on being satisfied that domestic 8 violence has taken place, pass a residence order - (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which ..... act and the desirability to construe the provisions liberally in favour of women seeking relief, as it is in the nature of a social legislation meant for protection of women s rights. ..... the direction, inter alia, can include an order restraining dispossession or a direction to remove himself 9 on being satisfied that domestic violence had taken place.16. ..... the factual matrix of the present case is such that one would have to look to the definition clauses relevant for the determination of the controversy contained in section 2 as under: 2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family .....
Tag this Judgment!Court : Supreme Court of India
..... before the family court, dungarpur, rajasthan and (iii) petition under sections 12 and 23 of protection of women from domestic violence act, 2005 pending before the chief judicial magistrate, dungarpur, rajasthan. ..... apart from divorce petition, there are other proceedings pending between the parties which have been filed by the petitioner-wife at dungarpur, rajasthan viz; (i) fir under section 498-a and 406 ipc and under section 4 of the dowry prohibition act; (ii) petition under section 125 cr.p.c. ..... no.1668 of 2015 before the family court, ahmedabad under section 13(1) of the hindu marriage act, 1955 of which the petitioner-wife seeks transfer.3. ..... the transfer petition is strongly objected to by the respondent- husband on the ground that he is employed in ahmedabad and that he is taking care of his two sons, apart from his aged parents. .....
Tag this Judgment!Court : Supreme Court of India
..... it raises an important question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... and foremost, she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence of all kinds. ..... fact, in her submission, the said expression goes contrary to the object of the act, which is to afford the largest possible protection to women from domestic violence by any person, male or female, who happens to share either a domestic relationship or shared household with the said woman. ..... such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. ..... fact, as per the principle settled in the subramanian swamy judgment, the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... , jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.19. .....
Tag this Judgment!Court : Supreme Court of India
..... domestic violence case no.96 of 2010 under section 12 of protection of women from domestic violence act,2005 pending before the 2nd acjm, ghaziabad and maintenance case no.1 of 2012 pending before 1st additional civil judge, s.d. .....
Tag this Judgment!Court : Supreme Court of India
..... the time of incident and in number of cases she was appointed as protection officer under the protection of women from domestic violence act, 2005. ..... his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. ..... any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property. ..... person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat . ..... a careful reading of evidence on record clearly shows that there is no evidence against the appellant from which it can be conclusively inferred by this court that there was any fraudulent or dishonest inducement of the prosecutrix by the appellant to .....
Tag this Judgment!Court : Supreme Court of India
..... husband, the first respondent herein, before the learned magistrate on the ground that the claim preferred under section 12 of the protection of women from domestic violence act, 2005 (for short, the 2005 act ) was not entertainable as she had ceased to be an aggrieved person under section 2(a) of the 2005 act and further that the claim as put forth was barred by limitation; preferred an appeal before the learned additional sessions judge who concurred with the view expressed by the learned magistrate, and ..... in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal (supra) that section 498 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
Tag this Judgment!Court : Supreme Court of India
..... this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant.3 ..... on 04.06.2009, the appellant filed a complaint case no.120/4/09 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ).6. ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent. 27 ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse ..... the preamble of the act states that this is an act to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected or incidental thereto. 20 .....
Tag this Judgment!Court : Supreme Court of India
..... this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant.3 ..... on 04.06.2009, the appellant filed a complaint case no.120/4/09 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ).6. ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent. 27 ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse ..... the preamble of the act states that this is an act to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected or incidental thereto. 20 .....
Tag this Judgment!Court : Supreme Court of India
..... the complaint, if made, by any woman alleging offence under the protection of women from domestic violence act, 2005 committed by any member of the family, the matter is to be looked upon seriously. ..... (ii) the high court also failed to consider that in the complaint under the protection of women from domestic violence act, 2005, the allegations are identical to the complaint made to the police.9. ..... on 6th april, 2009, the appellant filed a complaint under the protection of women from domestic violence act, 2005 (hereinafter referred to as, the act ) against her in-laws. ..... in the meantime, the appellant filed an application under the protection of women from domestic violence act, 2005. ..... the husband of the appellant always stood with her and protected her from various atrocities committed by in-laws and respondent no.3. ..... name of respondent no.3 was not there but when he helped his old parents, brother, sister and brother-in-law in shifting from ludhiana to jalandhar then appellant mentioned his name. ..... the investigating agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. ..... the approval for taking action against the appellant u/s 182 ipc was obtained from ssp, jalandhar in november, 2009.7. ..... after such enquiry, the investigating agency may form a definite opinion and file report but it is for the court to decide finally whether to take cognizance for any offence under any of the provisions of the act.15. .....
Tag this Judgment!Court : Supreme Court of India
..... also filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17.05.2012. ..... sister in law gave threat for life on the issue of demand of 10 tola gold, maruti car and 1 lac rupees cash in dowry and have subjected me on physical and mental harassment now i have been harassed from cruelty of members of in laws house and i do not want to enter into any compromise rather i want legal proceeding. 6. ..... you being husband of complainant kirti subjected her to mental and physical torture and harassment from 24.06.2009 to 30.04.2012 in 73 laxmipuri colony indore, making illegal demand of rs.1,00,000/-, car and 10 tola gold as dowry and by beating her caused ..... same is extracted below: sir, in connection with enquiry of reference application both the parties appeared in women police station and statement of both were recorded which are enclosed with enquiry. ..... the first appellant on 16.04.2012 withdrew the application filed under section 9 of the hindu marriage act, 1955, since according to the first appellant the second respondent was not inclined to resume ..... non applicant told in his statement that my domestic life could not run peacefully due to intervention of members of parental house ..... it is seen from annexure-p3-application filed by the first appellant on 14.07.2011 under section 9 of the hindu marriage act, 1955 seeking restitution of conjugal rights that the second respondent had left the matrimonial house on 23.04.2011 and thereafter she had not gone .....
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